Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 244-H.F.No. 151 
           An act relating to crime victims; permitting the crime 
          victims reparation board to file a claim for 
          reparations; altering the manner of determining 
          reparations claims; requiring law enforcement agencies 
          to aid the board; providing for the classification of 
          various data; clarifying ambiguous language; providing 
          penalties; amending Minnesota Statutes 1986, sections 
          609.101; 611A.04, by adding a subdivision; 611A.52, 
          subdivision 8; 611A.53, subdivision 2; 611A.57; 
          611A.66; and 611A.74, subdivision 2; repealing 
          Minnesota Statutes 1986, section 611A.59. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 609.101, is 
amended to read: 
    609.101 [SURCHARGE ON FINES, ASSESSMENTS.] 
    When a court sentences a person convicted of a felony, 
gross misdemeanor, or misdemeanor, other than a petty 
misdemeanor such as a traffic or parking violation, and if the 
sentence does not include payment of a fine, the court shall 
impose an assessment of not less than $25 nor more than $50.  If 
the sentence for the felony, gross misdemeanor, or misdemeanor 
includes payment of a fine of any amount, including a fine of 
less than $100, the court shall impose a surcharge on the fine 
of ten percent of the fine.  This section applies whether or not 
the person is sentenced to imprisonment and when the sentence is 
suspended.  The court may, upon a showing of indigency or undue 
hardship upon the convicted person or the person's immediate 
family, not waive payment or authorize payment of the assessment 
or surcharge in installments unless it makes written findings on 
the record that the convicted person is indigent or that the 
assessment or surcharge would create undue hardship for the 
convicted person or that person's immediate family; however, if 
the court waives payment or authorizes payment in installments, 
it shall state in writing on the record the reasons for its 
action. 
    The court shall collect and forward to the commissioner of 
finance the total amount of the assessment or surcharge and the 
commissioner shall credit all money so forwarded to a crime 
victim and witness account, which is established as a special 
account in the state treasury. 
    Money credited to the crime victim and witness account may 
be appropriated for but is not limited to the following purposes:
    (1) use for crime victim reparations under sections 611A.51 
to 611A.68; 
    (2) use by the crime victim and witness advisory council 
established under section 611A.71; and 
    (3) to supplement the federally funded activities of the 
crime victim ombudsman under section 611A.74.  
    If the convicted person is sentenced to imprisonment, the 
chief executive officer of the correctional facility in which 
the convicted person is incarcerated may collect the assessment 
or surcharge from any earnings the inmate accrues for work 
performed in the correctional facility and forward the amount to 
the commissioner of finance. 
    Sec. 2.  Minnesota Statutes 1986, section 611A.04, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CRIME BOARD REQUEST.] The crime victims 
reparations board may request restitution on behalf of a victim 
by filing a copy of a claim for reparations submitted under 
sections 611A.52 to 611A.67, along with orders of the board, if 
any, which detail any amounts paid by the board to the victim.  
The filing of a claim for reparations with the court 
administrator shall also serve as a request for restitution by 
the victim.  The restitution requested by the board may be 
considered to be both on its own behalf and on behalf of the 
victim.  If the board has not paid reparations to the victim, 
restitution may be made directly to the victim.  If the board 
has paid reparations to the victim, the court shall order 
restitution payments to be made directly to the board. 
    Sec. 3.  Minnesota Statutes 1986, section 611A.52, 
subdivision 8, is amended to read:  
    Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
economic detriment incurred as a direct result of injury or 
death. 
    (a) In the case of injury the term is limited to: 
    (1) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances and prosthetic devices; 
    (2) reasonable expenses incurred for psychological or 
psychiatric products, services or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim, subject to the following limitations: 
    (i) if treatment is likely to continue longer than six 
months after the date the claim is filed and the cost of the 
additional treatment will exceed $1,500, or if the total cost of 
treatment in any case will exceed $4,000, the provider shall 
first submit to the board a plan which includes the measurable 
treatment goals, the estimated cost of the treatment, and the 
estimated date of completion of the treatment.  Claims submitted 
for treatment that was provided more than 30 days after the 
estimated date of completion may be paid only after advance 
approval by the board of an extension of treatment; and 
    (ii) the board may, in its discretion, elect to pay claims 
under this clause on a quarterly basis; 
    (3) loss of income greater than $50 that the victim would 
have earned had the victim not been injured; and 
    (4) reasonable expenses incurred for substitute child care 
or household services to replace those the victim would have 
performed had the victim not been injured.  As used in this 
clause, "child care services" means services provided by 
facilities licensed under and in compliance with either 
Minnesota Rules, parts 9502.0315 to 9502.0445, or parts 
9545.0510 to 9545.0670, or exempted from licensing requirements 
pursuant to section 245.791.  Licensed facilities must be paid 
at a rate not to exceed their standard rate of payment.  
Facilities exempted from licensing requirements must be paid at 
a rate not to exceed $3 an hour per child for daytime child care 
or $4 an hour per child for evening child care. 
    (b) In the case of death the term is limited to: 
    (1) reasonable expenses actually incurred for funeral, 
burial or cremation, not to exceed $2,250; 
    (2) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
    (3) loss of support, including contributions of money, 
products or goods, but excluding services which the victim would 
have supplied to dependents if the victim had lived; and 
    (4) reasonable expenses incurred for substitute child care 
and household services to replace those which the victim would 
have performed for the benefit of dependents if the victim had 
lived. 
    Claims for loss of support for minor children made under 
clause (3) must be paid for three years or until the child 
reaches 18 years old, whichever is the shorter period.  After 
three years, if the child is less than 18 years old a claim for 
loss of support may be resubmitted to the board, and the board 
shall evaluate the claim giving consideration to the child's 
financial need and to the availability of funds to the board. 
    Claims for substitute child care services made under clause 
(4) must be limited to the actual care that the deceased victim 
would have provided to enable surviving family members to pursue 
economic, educational, and other activities other than 
recreational activities. 
    Sec. 4.  Minnesota Statutes 1986, section 611A.53, 
subdivision 2, is amended to read:  
    Subd. 2.  No reparations shall be awarded to a claimant 
otherwise eligible if: 
    (a) the crime was not reported to the police within five 
days of its occurrence or, if it could not reasonably have been 
reported within that period, within five days of the time when a 
report could reasonably have been made.  A victim of criminal 
sexual conduct in the first, second, third, or fourth degree who 
does not report the crime within five days of its occurrence is 
deemed to have been unable to have reported it within that 
period; 
    (b) the victim or claimant failed or refused to cooperate 
fully with the police and other law enforcement officials; 
    (c) the claimant was the offender or an accomplice of the 
offender or an award to the claimant would unjustly benefit the 
offender or an accomplice;  
    (d) the claimant was in the act of committing a crime at 
the time the injury occurred; 
    (e) no claim was filed with the board within one year of 
victim's injury or death; except that (1) if the claimant was 
unable to file a claim within that period, then the claim can be 
made within one year of the time when a claim could have been 
filed; and (2) if the victim's injury or death was not 
reasonably discoverable within one year of the injury or death, 
then the claim can be made within one year of the time when the 
injury or death is reasonably discoverable.  The following 
circumstances do not render a claimant unable to file a claim 
for the purposes of this clause:  (1) lack of knowledge of the 
existence of the Minnesota crime victims reparations act, (2) 
the failure of a law enforcement agency to provide information 
or assistance to a potential claimant under section 
611A.66, or (3) the incompetency of the claimant if the 
claimant's affairs were being managed during that period by a 
guardian, guardian ad litem, conservator, authorized agent, or 
parent, or (4) the fact that the claimant is not of the age of 
majority; or 
    (e) (f) the claim is less than $100. 
    The limitations contained in clauses (a) and (d) (e) do not 
apply to victims of domestic child abuse as defined in section 
260.015, subdivision 24.  In those cases the one year limitation 
period commences running with the report of the crime to the 
police; provided that no claim as a result of loss due to 
domestic child abuse may be paid when the claimant is 19 years 
of age or older at the time the claim is filed. 
    Sec. 5.  Minnesota Statutes 1986, section 611A.57, is 
amended to read:  
    611A.57 [DETERMINATION OF CLAIMS.] 
    Subdivision 1.  A claim, when accepted for filing, shall be 
assigned by the chair to the chair or to another a member of the 
board.  
    Subd. 2.  The board member to whom the claim is assigned 
shall examine the papers filed in support of the claim and cause 
an investigation to be conducted into the validity of the 
claim to the extent that an investigation is necessary. 
    Subd. 3.  The board member to whom a claim is assigned may 
decide the claim in favor of a claimant in the amount claimed on 
the basis of the papers filed in support of it and the report of 
the investigation of such claim.  If unable to decide such the 
claim upon the basis of the papers and any report of 
investigation, the board member shall order a hearing discuss 
the matter with other members of the board present at a board 
meeting.  After discussion the board shall vote on whether to 
grant or deny the claim or whether further investigation is 
necessary.  A decision granting or denying the claim shall then 
be issued by the executive director or the board member to whom 
the claim was assigned.  
    Subd. 4.  After examining the papers filed in support of 
the claim and the report of investigation, and after a hearing, 
if any, the board member to whom the claim was assigned shall 
make a decision either granting an award or deny the claim The 
written decision granting or denying a claim shall be filed with 
the board, and a copy shall be provided to the claimant.  
    Subd. 5.  The board member making a decision shall file 
with the board a written report setting forth such decision and 
reasons therefor.  The board shall notify the claimant and 
furnish the claimant a copy of the report The claimant may, 
within 30 days after receiving the decision of the board, apply 
for reconsideration before the entire board.  Upon request for 
reconsideration, the board shall reexamine all information filed 
by the claimant, including any new information the claimant 
provides, and all information obtained by investigation.  The 
board may also conduct additional examination into the validity 
of the claim.  Upon reconsideration, the board may affirm, 
modify, or reverse its prior ruling.  A claimant denied 
reparations upon reconsideration is entitled to a contested case 
hearing within the meaning of chapter 14. 
    Subd. 6.  Claims for reparations and supporting documents 
and reports are investigative data and subject to the provisions 
of section 13.39 until the claim is paid, denied, withdrawn, or 
abandoned.  Following the payment, denial, withdrawal, or 
abandonment of a claim, the claim and supporting documents and 
reports are private data on individuals as defined in section 
13.02, subdivision 12. 
    Sec. 6.  Minnesota Statutes 1986, section 611A.66, is 
amended to read:  
    611A.66 [LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS 
OF RIGHT TO FILE CLAIM.] 
    All law enforcement agencies investigating crimes shall 
provide forms to each person who may be eligible to file a claim 
pursuant to sections 611A.51 to 611A.67 and to inform them of 
their rights hereunder.  All law enforcement agencies shall 
obtain from the board and maintain a supply of all forms 
necessary for the preparation and presentation of claims.  
    Law enforcement agencies shall assist the board in 
performing its duties under sections 611A.51 to 611A.67.  Law 
enforcement agencies within ten days after receiving a request 
from the board shall supply the board with requested reports, 
notwithstanding any provisions to the contrary in chapter 13, 
and including reports otherwise maintained as confidential or 
not open to inspection under section 260.161.  All data released 
to the board retains the data classification that it had in the 
possession of the law enforcement agency. 
    Sec. 7.  Minnesota Statutes 1986, section 611A.74, 
subdivision 2, is amended to read:  
    Subd. 2.  [DUTIES.] The crime victim ombudsman may 
investigate complaints concerning possible violation of the 
rights of crime victims or witnesses provided under this 
chapter, the delivery of victim services by victim assistance 
programs, the administration of the crime victims reparations 
act, and other complaints of mistreatment by elements of the 
criminal justice system or victim assistance programs.  The 
ombudsman shall act as a liaison, when the ombudsman deems 
necessary, between agencies, either in the criminal justice 
system or in victim assistance programs, and victims and 
witnesses.  The ombudsman must be made available through the use 
of a toll free telephone number and shall answer questions 
concerning the criminal justice system and victim services put 
to the ombudsman by victims and witnesses in accordance with the 
ombudsman's knowledge of the facts or law, unless the 
information is otherwise restricted.  The ombudsman shall 
establish a procedure for referral to the crime victim crisis 
centers, the crime victims reparations board, and other victim 
assistance programs when services are requested by crime victims 
or deemed necessary by the ombudsman.  
    The ombudsman's files are confidential data as defined in 
section 13.02, subdivision 3, during the course of an 
investigation or while the files are active.  Upon completion of 
the investigation or when the files are placed on inactive 
status, they are private data on individuals as defined in 
section 13.02, subdivision 12. 
    Sec. 8.  [REPEALER.] 
    Minnesota Statutes 1986, section 611A.59, is repealed. 
    Approved May 26, 1987